Ohio Revised Code Search
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Section 3127.01 | Definitions.
...) As used in the Revised Code, "uniform child custody jurisdiction and enforcement act" means the act addressing interstate recognition and enforcement of child custody orders adopted in 1997 by the national conference of commissioners on uniform state laws or any law substantially similar to the act adopted by another state. (B) As used in sections 3127.01 to 3127.53 of the Revised Code: (1) "Abandoned" means the ... |
Section 3127.02 | Application of chapter.
...ization of emergency medical care for a child. |
Section 3127.03 | Custody proceeding pertaining to Indian child.
...(A) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. 1901 et seq., is not subject to sections 3127.01 to 3127.53 of the Revised Code to the extent that the proceeding is governed by the Indian Child Welfare Act. (B) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying sections 3127.01 to 3127.... |
Section 3127.04 | Foreign country treated as state - enforcement of foreign custody determinations.
...ided in division (C) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of sections 3127.01 to 3127.53 of the Revised Code shall be recognized and enforced under sections 3127.31 to 3127.47 of the Revised Code. (C) A court of this state need not apply sections 3127.01 to 3127.53 of the Revised Code if the la... |
Section 3127.05 | Custody determinations under chapter as binding.
...A child custody determination made by a court of this state with jurisdiction under sections 3127.01 to 3127.53 of the Revised Code binds all persons who have been served in accordance with the laws of this state, notified in accordance with section 3127.07 of the Revised Code, or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determin... |
Section 3127.06 | Calendar priorities.
...Upon the request of a party to a child custody proceeding that raises a question of existence or exercise of jurisdiction under sections 3127.01 to 3127.53 of the Revised Code, the question shall be given calendar priority and handled expeditiously. |
Section 3127.07 | Notice and proof of service for personal jurisdiction outside Ohio.
...(A) Notice required for the exercise of jurisdiction over a person outside this state may be given in a manner prescribed by the Rules of Civil Procedure, or the Rules of Juvenile Procedure, as appropriate, for service of process or by the law of the state in which the service is made. Notice shall be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effect... |
Section 3127.08 | Immunity to personal jurisdiction regarding unrelated matter.
...(A) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the child custody proceeding. (B) A ... |
Section 3127.09 | Communication with non-Ohio court - opportunity to participate.
...(A) A court of this state may communicate with a court in another state concerning a proceeding arising under sections 3127.01 to 3127.53 of the Revised Code. (B) The court may give the parties the opportunity to participate in the communication. If the parties are not able to participate in the communication, they shall be given the opportunity to present facts and legal arguments before a decision concerning juris... |
Section 3127.10 | Testimony of out-of state witnesses.
...ures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms ... |
Section 3127.11 | Requests to or from non-Ohio court - expenses - forwarding of copies.
... and responsibilities for the care of a child involved in a pending proceeding with respect to the designation of a parent as the residential parent and legal custodian of the child and with respect to the custody of the child in any other person; (4) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in co... |
Section 3127.15 | Jurisdictional basis for initial custody determination.
...n to make an initial determination in a child custody proceeding only if one of the following applies: (1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state. (2) A co... |
Section 3127.16 | Exclusive continuing jurisdiction over determination - termination.
..., a court of this state that has made a child custody determination consistent with section 3127.15 or 3127.17 of the Revised Code has exclusive, continuing jurisdiction over the determination until the court or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state. |
Section 3127.17 | Modification of custody determination of non-Ohio court.
... a court of this state may not modify a child custody determination made by a court of another state unless the court of this state has jurisdiction to make an initial determination under division (A)(1) or (2) of section 3127.15 of the Revised Code and one of the following applies: (A) The court of the other state determines that it no longer has exclusive, continuing jurisdiction under section 3127.16 of the Revis... |
Section 3127.18 | Temporary emergency jurisdiction - no previous custody determination.
... temporary emergency jurisdiction if a child is present in this state and either of the following applies: (1) The child has been abandoned. (2) It is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse. (B) If there is no previous child custody determination that is entitled to be enforced under this ... |
Section 3127.19 | Notice and opportunity to be heard.
...(A) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards set forth in section 3127.07 of the Revised Code shall be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person havi... |
Section 3127.20 | Custody proceeding pending in another state.
...f the commencement of the proceeding, a child custody proceeding concerning the child is pending in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under section 3127.21 of the Revised Code or a similar statute of the other state. ... |
Section 3127.21 | Jurisdiction declined - forum non conveniens.
...risdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more convenient forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or at the request of another court. (B) Before determining whether i... |
Section 3127.22 | Jurisdiction declined - unjustifiable conduct - remedy - assessment of expenses.
...iate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code or a similar statute of another state. (C) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant... |
Section 3127.23 | Contents of pleading or affidavit.
...(A) Each party in a child custody proceeding, in the party's first pleading or in an affidavit attached to that pleading, shall give information if reasonably ascertainable under oath as to the child's present address or whereabouts, the places where the child has lived within the last five years, and the name and present address of each person with whom the child has lived during that period. In this pleading or aff... |
Section 3127.24 | Order to appear - costs.
...(A) The court may order any party to a child custody proceeding who is in this state to appear personally before the court with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear personally with the child. (B) If a party to a child custody proceeding whose presence is desired by the court is outside this state with or without the ... |
Section 3127.31 | Definitions - petitioner and respondent.
...enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. (B) "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody d... |
Section 3127.32 | Enforcement of order for return of child under Hague convention.
...ay enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination. |
Section 3127.33 | Recognition of custody determination of non-Ohio court.
...his state shall recognize and enforce a child custody determination of a court of another state if that state exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter. (B) A court of this state may use any remedy available... |
Section 3127.34 | Temporary enforcement order by court lacking jurisdiction to modify custody.
... does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing either of the following: (1) A parenting time or visitation schedule made by a court of another state; (2) The parenting time or visitation provisions of a child custody determination of another state that does not provide for a specific parenting time or visitation schedule. (B) If a court of this state makes... |